Friday, May 22, 2009

NYC Building Code - NPA City Outdoor

Looks like someone else isn't all that happy with NPA City Outdoor either. In fact the reader seems to think the recent NPA ploy to turn their illegal third party signs into legal first party signs doesn't hold up when you look at the building code and definitions of what an OAC (Outdoor Advertising Company) is. Indicting the company on several counts of unlawful activity and operation procedures, they write...

I have extensive knowledge with the building code and zoning resolution of NYC.NPA signs are highly illegal and most probably do not have permits. I've even seen some of the signs on fully residential buildings.

In Title 26, Subchapter 4 of the NYC Building Code, the law states that a permit is required for any outdoor signs greater than 6 square feet, especially advertising signs. I am almost positive that about 90% of their signs do not have permits. Additionally, anyone in the outdoor advertising business is required to register as an OAC (Outdoor Advertising Company): §49-11 Effective dates. (a) On and after the 60th day after the effective date of this chapter, it shall be unlawful for an OAC to engage in the outdoor advertising business, or, by way of advertising, promotions or other methods, hold itself out as engaging in the outdoor advertising business, unless such OAC is registered with and has been issued a registration number by the Department and such registration has not expired or been revoked.

The paragraph below states the definitions of what it is to be an outdoor advertiser:§26-259 Definitions – b) The term “outdoor advertising company” means a person, corporation, partnership or other business entity that as a part of the regular conduct of its business engages in or by way of advertising, promotions or other methods, holds itself out as engaging in the outdoor advertising business. Such term shall not include the owner or manager of a building or premises who markets space on such building or premises directly to advertisers. (THEY STILL CAN’T HIDE UNDER THE PROMOTIONS/RAFFLE TICKET GARBAGE THAT THEY ARE TRYING TO)c) The term “outdoor advertising business” means the business of selling, leasing, marketing, managing or otherwise either directly or indirectly making space on signs situated on building and premises within the city of NY available to others for advertising purposes.

This paragraph shows the penalties that should be enforced:§26-262 Criminal and civil penalties for violations by outdoor advertising companies; other enforcement: a (1) Notwithstanding any other provision of law, an outdoor advertising company shall be liable for a civil penalty if a sign under its control has been erected, maintained, attached, affixed, painted on, or in any other manner represented on a building or premises in violation of any provision of the zoning resolution, administrative code or rules adopted pursuant thereto relating to signs.(2) It shall be unlawful for an outdoor advertising company to sell, lease, market, manage or otherwise make available to others for advertising purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner represented on a building or premises in violation of any provision of the zoning resolution, administrative code or rules adopted pursuant thereto or to enter into any agreement for such purpose.(3) On and after a date to be provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on a sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is not registered in accordance with this article and the rules of the department.(4) An outdoor advertising company that violates any of the provisions of paragraphs one, two or three of this subdivision shall be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or subsequent violation, not more than twenty-five thousand dollars.(5) Notwithstanding any inconsistent provision of law, an outdoor advertising company shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to sections 26-126 or 26-248 of the code if a sign under its control has been erected, maintained, attached, affixed painted on, or in any other manner represented on a building or premises in violation of any provision of the zoning resolution, administrative code or rules adopted pursuant thereto relating to signs.

These signs need to be removed:Chapter 49: “Subchapter D – Removal, Storage, and Disposal of Signs and Sign Structures.”

It just appears that the Department of Buildings does not have enough manpower to do so, or NPA has someone working on the inside, turning a blind eye to the fact.

I would do nearly anything to help to get NPA off the street. What they are doing is the equivalent of just putting posters and billboards wherever they feel they want, without obtaining the proper permits, legal advice, acceptance from community etc., and they have been doing so for years! They act as if they are not in the outdoor advertising business, but a league of their own, unharmed by the law, especially now with these “promotions/raffles”, but they can’t hide anymore. Look at 26-262 #3.

1 Comments:

I saw two of those bullshit "win these posters" signs last night in Williamsburg. I went into both stores and played dumb and acted like I was VERY interested in entering the raffle. The employees looked at me like I was crazy and had no idea what I was talking about. What a load of shit.